Software License Agreement

Version Effective Date: May 16, 2018

WARNING: IT’S ABOUT TO GET LEGAL UP IN HERE.

The PressReader Terms of Use, Privacy Policy, and this Software License Agreement (“Agreement”) are a binding contract between any user of the PressReader services (“you”) and PressReader. Seriously. This Agreement is enforceable like any written negotiated agreement signed by you. If you are in North America, “PressReader” or “we” means PressReader Inc.; if you are elsewhere in the world, it means PressReader International Limited.

By using the PressReader websites, including those located at pressreader.com, pressdisplay.com, or library.pressdisplay.com (“Websites”) or any version of the PressReader mobile app made available through a mobile app store (“App”), and the services offered by PressReader through the Websites and the App (“Services”), in particular, all or any portion of the PressReader software available to you through the Websites and the App (“Software”), you are indicating your acceptance to be bound by this Software License Agreement, and the Terms of Use and Privacy Policy. If you do not agree to the terms of this Agreement, then stay away. Don’t use the Websites, the App, the Software we offer, or any other PressReader Services.

THIS IS OUR STUFF.

The Software is designed and programmed by PressReader Inc. and its affiliates. PressReader, its affiliates and its suppliers own all intellectual property in the Software. PressReader permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.

Definitions

In this Agreement, the following words have the following meanings:

“Device” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

(a) all of the contents of the files, disk(s), CD-ROM(s), DVD-ROM(s), USB drives, removable disks, or other media with which this Agreement is provided, including but not limited to (i) PressReader or third party device information or software; (ii) related explanatory written materials or files provided to you by PressReader or made available to you on PressReader’s websites (“Documentation”); and (iii) fonts; and

(b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by PressReader (collectively, “Updates”).

“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.

Software License: DOs

As long as you comply with the terms of this Agreement, PressReader grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. You may install and Use a copy of the Software on your compatible device up to the Permitted Number of Devices.

Restrictions: DON’Ts

3.1No Modifications. You shall not alter, disassemble, decompile, reverse-engineer, adapt, translate or modify the Software or any portion thereof, or create a new installer for the Software, or otherwise attempt to discover the source of the Software. The Software is licensed and distributed by PressReader for viewing content in online and offline environment. You are not authorized to integrate or use the Software with any other software, plug-in or enhancement.

3.2 Notices. You shall not copy the Software. New installation is required for any device you would like to use the Software on.

3.3 Document Features. The Software may contain features and functionality that appear disabled or “greyed out” (the “Document Features”). The Document Features will only activate when enabled by PressReader and/or your paid subscription plan allows access to such Document Features. You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features.

3.4 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user’s computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

Termination: Calling It Quits

Either PressReader or you may terminate this Agreement at any time. At the time of termination, you must uninstall the Software from any device it was installed on by you or any authorized individual and/or organization whom you authorized to do so. Without limiting the foregoing, we have the right to immediately terminate your account with us in the event that you breach this Agreement. If your account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. All provisions herein shall survive termination of this Agreement.

Intellectual Property Ownership, Copyright Protection

The Software and any authorized copies that you make are the intellectual property of and are owned by PressReader and its suppliers. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of PressReader and its suppliers. The Software is protected by law, including without limitation the copyright laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by PressReader and its suppliers.

Updates to the Software

If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Device after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same device; (b) the previous versions or copies thereof are not transferred to another party or Device unless all copies of the Update are also transferred to such party or Device; and (c) you acknowledge that any obligation PressReader may have to support the previous versions of the Software may be ended upon availability of the Update.

No Warranties

The Software is being delivered to you “AS IS” and PressReader makes no warranty as to its use or performance. PRESSREADER AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, INCLUDING ITS BETA TESTING VERSION. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, PRESSREADER AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 7 and Section 8 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

Limitation of Liability

IN NO EVENT WILL PRESSREADER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN PRESSREADER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. PRESSREADER’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits PressReader’s liability to you in the event of death or personal injury resulting from PressReader’s negligence or for the tort of deceit (fraud). PressReader is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction-specific information at the end of this Agreement, if any, or contact PressReader’s Support team.

Law and Jurisdiction

If you are in North America, this Agreement will be construed in accordance with the laws of the Province of British Columbia, Canada, without regard to any conflict of laws rules, and for any suit, action or other proceeding arising from or relating to this Agreement or the Services, you agree irrevocably to the exclusive jurisdiction of the courts of British Columbia.

If you are elsewhere in the world, this Agreement will be construed in accordance with the laws of Ireland, without regard to any conflict of laws rules, and for any suit, action or other proceeding arising from or relating to this Agreement or the Services, you agree irrevocably to the exclusive jurisdiction of the Irish courts.

Waiver and Severability

No waiver of either party of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the extent necessary so that this Agreement will otherwise remain in full force and effect, and enforceable.

PressReader or Other Integrated Products and Services

In addition to PressReader’s Terms of Use and Privacy Policy, the Software and this Agreement are provided as an addendum to the current PressReader Terms of Use, or any other terms of use for any service which utilizes PressReader Software or Services as an integral part of it.

“PressReader,” and the PressReader logo(s), “PressDisplay” and the PressDisplay logo(s) are either trademarks or registered trademarks of PressReader. The names of other companies, publishers, Partners, or Publications mentioned on the Websites, in the App, or elsewhere in the Services may be the trademarks of their respective owners.